22 Fla. L. Weekly Supp. 447c
Online Reference: FLWSUPP 2204DUQUInsurance — Personal injury protection — Coverage — Medical expenses — Emergency medical condition — Amended complaint seeking declaratory relief regarding emergency medical condition provision in PIP statute denied, as complaint fails to make any allegations about plaintiff’s doubts concerning its rights or privileges and fails to allege plaintiff’s entitlement to have such doubts removed
MARTINEZ CHIROPRACTIC CENTER, INC. A/A/O MARCELLA DUQUE, Plaintiff, vs. MERCURY INDEMNITY COMPANY OF AMERICA, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 13-17700 SP 25 (04). November 10, 2014. Charles K. Johnson, Judge.
ORDER DENYING PLAINTIFF’S MOTION TO AMEND ITS COMPLAINT
THIS CAUSE came before this court on October 29, 2014, on Plaintiff’s Motion to Amend its Complaint, and after hearing argument from both counsels, it is hereby
ORDERED AND ADJUDGED as follows:
1. Chapter 86, Florida Statutes, governs declaratory actions and gives to circuit and county courts jurisdiction to “declare rights, status, and other equitable or legal relations whether or not further relief is or could be claimed.” § 86.011, Fla. Stat.
2.The purpose of Chapter 86 is “to settle and to afford relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. . .” §86.101, Fla. Stat.
3. In Florida, a complaint will give rise to a proceeding under the Declaratory Judgment Act only when the party seeking the declaration shows that he is in doubt or is uncertain as to the existence or non-existence of some right, status, immunity or privilege and has actual, practical and present need for the declaration. See Conley v. Morley Realty Corporation, 575 So. 2d 253 (Fla. 3d DCA1991); Rosenkrantz v. Feit, 81 So. 3d 256 (Fla. 3d DCA 2012) [37 Fla. L. Weekly D369c].
4. Specifically, “[a] party seeking declaratory relief must allege ultimate facts showing that there is a bona fide adverse interest between the parties concerning a power, privilege, immunity, or right of the plaintiff, the plaintiff’s doubt about the existence or nonexistence of his rights or privileges, and that he is entitled to have the doubt removed.” See Rosenkrantz at 526.
5. More so, a complaint seeking declaratory relief must allege plaintiff’s doubt about the existence or non-existence of certain rights and privileges; and must allege plaintiff’s entitlement to have such doubts removed. See Conley at 253. Only when a declaratory judgment is properly invoked, may the action be disposed of by judgment declaring the rights of the parties in the premises. Id.
6. Here, Plaintiff’s proposed declaratory judgment fails to make any allegations about Plaintiff’s doubts of its rights or privileges; and it fails to allege plaintiff’s entitlement to have such doubts removed.
7. Given the foregoing and given the reasoning in Robbins v. Garrison Property and Casualty Insurance Company, Civil Action No. 13-81259-Civ-Scola (S.D. Fla. July 18, 2014) [25 Fla. L. Weekly Fed. D125a] as well as the reasoning in Enivert v. Progressive Select Insurance Company, Civil Action No. 14-CV-80279-Ryskamp/Hopkins (S.D. Fla. July 23, 2014) [25 Fla. L. Weekly Fed. D123a], the Plaintiff’s proposed amended complaint seeking declaratory relief is futile.
8. Accordingly, Plaintiff’s proposed amended complaint seeking declaratory relief regarding the Emergency Medical Condition provision in the PIP statute is hereby denied.
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